-Judge Chenoweth urges the Executive to rethink its approach towards Judges
By Moses M. Tokpah, mosesmtokpah@gmail.co
KAKATA, Liberia- The resident Judge of the 13th Judicial Circuit Court in Kakata City, Margibi County; Mardea Tarr Chenoweth is calling on the Executive Branch of Government to rethink its approach towards Judges, with respect to the salary harmonization and return to status quo ante.
Judge Chenoweth made the assertion when she delivered her formal charge at souvenir program for the formal opening of February term, A.D 2020 of the 13th Judicial Circuit Court on Monday February 10, 2020.
In the ongoing harmonization scheme, Judges and other officials of the Judiciary will experience slice in their salaries, in the wake the economic crisis in Liberia which has made it difficult for the CDC government to meet up with the wage bill for public sector workers.
But speaking on the topic, “The effectiveness of judges in the face of salary harmonization,” the 13th Judicial Circuit Court Judge said the new salary regime depresses all judges and undermines the effectiveness of the Judiciary, thereby calling on the Executive to rethink such decision.
She stated that in other common law jurisdictions like the United States, judges are highly paid to ensure that they are not saddled with issues that might affect their ability to perform in the protection of fundamental rights and liberties.
Accordingly, Judge Chenoweth said any adjustments to their salaries follow the simple principle of fairness and consideration of the law which stops them from engaging in any other business adding that the same reasoning applies to Liberian judges.
“For instance, Judicial Canon six states in part that “the judge is a government paid official and must be paid adequately; he holds an exalted position which prevents him from engaging in any business pursuit”.
The Liberian female Judge asserted that Judges are the individuals who are barred from any other business pursuit and must live above reproach. She disclosed that judges are the only ones subjected to the requirement of “good moral character” as a condition precedent to holding the position of judgeship as enshrined in Article 68(a) of the Liberian Constitution.
Yet, she explained, these are the same persons beset by pay cuts and salaries harmonization with those in the other two Branches of Government, with absolutely no restrictions on what they can do to create other means of income.
Judge Chenoweth noted that the salaries of other government officials unlike judges have a multiplier effect, adding, ‘that is officials of government placed in the same category of judges, who are already making far more than judges are not forbidden from doing other businesses to gain additional income’.
“Indeed, the law imposes high standard on judges. In view thereof, we should be asking ourselves as a nation whether judges should receive higher salaries, allowances and benefits due to the limitations placed on them by law,” she lamented.
She averred that the answer is obvious and in fact best practice and good public policy demands that judges should be adequately paid so that they have no defense against any disciplinary action whenever they transgress.
The 13the Judicial Circuit Court Judge also said that it is significant to note that the Judiciary has some of the most highly educated professionals in the Country; who might otherwise be engaged in other undertakings opted to serve and sacrifice for their Country, and should therefore live a life of quiet dignity.
Judge Chenoweth: “Here is a practical example of some of the Judiciary’s skilled personnel. An associate magistrate must have a four year college degree and be a graduate of the Judicial Institute; whereas, a stipendiary magistrate must have a four year college degree and must be a law school graduate.”
However, she said under the new salary regime, associate magistrate are making far less as salary, to the effect that the Judiciary is finding it very difficult to place them with insurance company because when the insurance premiums are deducted, they will be left with nothing as disposable income.
The Liberian Judge then asserted that unfortunately, the unfair and non-equitable nature of the standardization Act has subjected judges to dire economic constraints, with its attendant consequences, such as less motivated and less effective judges and magistrates.
Notwithstanding, Judge Chenoweth admonished all magistrates to continue to live above approach as they have always done.
“You have been called to serve your Country and you must do so with sincerity, commitment, hard work and patriotism. Continue to exhibit professionalism, while we continue to remain engaged with the Supreme Court to dialogue with the government to find an amicable solution to our collective problems,” the Liberian Judge said.